01a50395
12-29-2005
Mary S. Reid, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Mary S. Reid v. United States Postal Service
01A50395
December 29, 2005
.
Mary S. Reid,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A50395
Agency No. 1c-281-0054-02, 1C-281-0027-03
Hearing No. 140-2003-08363X, 08161X
DECISION
The complainant timely initiated an appeal from a final agency decision
(FAD) concerning her complaint of unlawful employment discrimination in
violation of Title VII of the Civil Rights Act of 1964 (Title VII), as
amended, 42 U.S.C. � 2000e et seq. and Section 501 of the Rehabilitation
Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et
seq. and the Age Discrimination in Employment Act of 1967 (ADEA), as
amended, 29 U.S.C. � 621 et seq. The appeal is accepted pursuant to 29
C.F.R. � 1614.405. Complainant alleged that the agency discriminated
against her on the bases of race (African-American), sex (female),
disability (knee and back), and age (D.O.B. May 22, 1953) when: (1)
she was denied over time and given duties in different areas, (2)her
medical documentation was deemed insufficient and she was sent home,
(3) she was sent home after being called in and allowed to work, (4)
her step increase was deferred because she had excess leave without pay,
(5) she was given a letter regarding an investigative interview, and
(6) when she was harassed and removed from her position.
As a preliminary matter, the Commission notes that the Administrative
Judge (AJ) determined that some of the claims (2, 5, and 6) were
addressed in arbitration and that complainant was collaterally
estopped from pursuing them. However, to the extent that complainant
was seeking a determination regarding her discrimination issues related
to these claims, which was not addressed during the arbitration, the
Commission's regulations allow for such. Despite his procedural
ruling concerning Claims 2, 5 and 6, the AJ nevertheless also ruled on
the merits of complainant's discrimination issues raised in connection
with these claims. The AJ found with regard to all six claims, based
on the evidence of record, that complainant was merely subjected to
the legitimate rules and regulations of the agency, and not to either
discriminatory disparate treatment or harassment. He went on to find that
these legitimate events �snowballed,� resulting in complainant's removal.
Finally, the AJ concluded that complainant did not show that the agency's
reasons for its actions were a pretext for discrimination or reprisal.
After a review of the record in its entirety, including consideration
of all statements submitted on appeal, it is the decision of the Equal
Employment Opportunity Commission to affirm the final agency order because
the Administrative Judge's ultimate finding, that unlawful employment
discrimination was not proven by a preponderance of the evidence, is
supported by the record.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
The Commission may, in its discretion, reconsider the decision in this
case if the complainant or the agency submits a written request containing
arguments or evidence which tend to establish that:
1. The appellate decision involved a clearly erroneous interpretation
of material fact or law; or
2. The appellate decision will have a substantial impact on the policies,
practices, or operations of the agency.
Requests to reconsider, with supporting statement or brief, must be filed
with the Office of Federal Operations (OFO) within thirty (30) calendar
days of receipt of this decision or within twenty (20) calendar days of
receipt of another party's timely request for reconsideration. See 29
C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for
29 C.F.R. Part 1614 (EEO MD-110), 9-18 (November 9, 1999). All requests
and arguments must be submitted to the Director, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. In the absence of a legible postmark, the
request to reconsider shall be deemed timely filed if it is received by
mail within five days of the expiration of the applicable filing period.
See 29 C.F.R. � 1614.604. The request or opposition must also include
proof of service on the other party.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely, unless extenuating circumstances
prevented the timely filing of the request. Any supporting documentation
must be submitted with your request for reconsideration. The Commission
will consider requests for reconsideration filed after the deadline only
in very limited circumstances. See 29 C.F.R. � 1614.604(c).
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0900)
You have the right to file a civil action in an appropriate United States
District Court within ninety (90) calendar days from the date that you
receive this decision. If you file a civil action, you must name as
the defendant in the complaint the person who is the official agency head
or department head, identifying that person by his or her full name and
official title. Failure to do so may result in the dismissal of your
case in court. "Agency" or "department" means the national organization,
and not the local office, facility or department in which you work. If you
file a request to reconsider and also file a civil action, filing a civil
action will terminate the administrative processing of your complaint.
RIGHT TO REQUEST COUNSEL (Z1199)
If you decide to file a civil action, and if you do not have or cannot
afford the services of an attorney, you may request that the Court appoint
an attorney to represent you and that the Court permit you to file the
action without payment of fees, costs, or other security. See Title VII
of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.;
the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c).
The grant or denial of the request is within the sole discretion of
the Court. Filing a request for an attorney does not extend your time
in which to file a civil action. Both the request and the civil action
must be filed within the time limits as stated in the paragraph above
("Right to File A Civil Action").
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
December 29, 2005
__________________
Date